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Legal Agreements

Legal Agreements play a crucial role in the planning process in Scotland. They help ensure that new developments contribute positively to the local area and provide necessary infrastructure and community benefits.

Section 75 Agreements

A Section 75 Agreement, also known as a planning obligation, is a legal contract between a landowner and the local planning authority. These agreements are made under Section 75 of the Town and Country Planning (Scotland) Act 1997.

Purpose of Section 75 Agreements

Section 75 Agreements are designed to:

  • Regulate the use of land: They can impose restrictions or obligations on the use of the land to ensure it aligns with planning policies.
  • Secure financial contributions: Developers may be required to provide financial contributions towards infrastructure, such as roads, schools, or public transport improvements.
  • Provide community benefits: These agreements often include provisions for affordable housing, green spaces, and other community facilities.

When are Section 75 Agreements used?

These agreements are typically used when planning conditions alone are not sufficient to address the impacts of a development. For example, a large housing development might require a Section 75 agreement to ensure the provision of affordable housing or to fund local infrastructure improvements.

Legal considerations

Section 75 Agreements are legally binding and can be enforced against the landowner and subsequent owners. They must meet specific legal requirements and are often registered on the title of the land.

Page last updated:
15 Apr 2025

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